Loading...
HomeMy WebLinkAbout06405 ORD - 01/24/1962JKH:1 -23 -62 , MUNICIPAL ORDINANCE (CONSTRUCTION, MAINTENANCE AND OPERATION OF STREET ILLUMINATION SYSTEM) AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CON- TRACT BETWEEN THE CITY AND THE STATE OF TEXAS FOR THE PURPOSE OF DETERMINING THE JOINT RESPONSIBILITIES OF THE CITY AND THE STATE FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF THE STREET ILLUMINATION SYSTEM FROM LEOPARD STREET TO MORRIS STREET ON THE ROUTE OF STATE HIGHWAY 286 (RELOCATED) IN THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, IT IS THE DESIRE OF THE CITY THAT A STREET ILLUMINATION SYSTEM BE CONSTRUCTED, OPERATED AND MAINTAINED FROM LEOPARD STREET TO MORRIS STREET ON THE ROUTE OF STATE HIGHWAY 286 (RELOCATED); AND WHEREAS, THE STATE HIGHWAY ENGINEER, ACTING FOR AND IN BEHALF OF THE COMMISSI STATE HIGHWAY ON, HAS MADE IT KNOWN TO THE CITY THAT THE STATE WILL ASSIST THE CITY BY PARTICIPATING IN THE COST OF THE CONSTRUCTION, MAINTENANCE AND OPERATION OF SAID STREET ILLUMINATION SYSTEM, CONDITIONED THAT THE CITY, AS CONTEMPLATED BY SENATE BILL 4151 ACTS 46TH LEGISLATURE, REGULAR SESSION, WILL ENTER INTO AN AGREEMENT WITH THE STATE FOR DETERMINING THE RESPONSIBILI- TIES OF THE PARTIES WITH REFERENCE THERETO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: SECTION 1. THAT SINCE THE PUBLIC CONVENIENCE AND SAFETY OF THE CITY AND THE PEOPLE OF THE CITY REQUIRE IT, SAID STREET ILLUMINATION SYSTEM SHALL BE CONSTRUCTED, OPERATED AND MAINTAINED. SECTION 2. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE FOR AND ON BEHALF OF THE CITY AN AGREEMENT ANDCONTRACT WITH THE STATE OF TEXAS IN ACCORDANCE WITH AND FOR THE PURPOSE OF CARRYING OUT THE TERMS AND PROVISIONS OF THIS ORDINANCE, IN THE FORM ATTACHED HERETO AND MARKED "EXHIBIT A ". SECTION 3. THE CITY SECRETARY IS HEREBY DIRECTED TO ATTEST THE AGREEMENT AND CONTRACT AND TO AFFIX THE PROPER SEAL OF THE CITY THERETO. SECTION 4. THE MAYOR HAVING REQUESTED IN WRITING THAT THIS ORDINANCE TAKE EFFECT FORTHWITH AND THERE BEING IN FACT AN EMERGENCY AND IMPERATIVE NECESSITY THAT THE WORT( HEREIN PROVIDED FOR BE BEGUN AND CARRIED OUT PROMPT- LY AND WITH EXPEDITION AND THAT THE CONTRACT AFORESAID SHALL BE IMMEDIATELY MADE, EXECUTED AND DELIVERED TO THE END THAT SUCH WORK HEREIN PROVIDED FOR MAY BE BEGUN AND CARRIED OUT PROMPTLY AND WITH EXPEDITION. THE READING OF THE ORDINANCE ON THREE SEVERAL DAYS IS HEREBY DISPENSED WITH AND THE SAME SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE. PASSED AND APPROVED, THIS THE DAY OF JANUARY, 1962. ATTESTz -�\ I MAYOR THE CITY OF CORPUS CHRISTI, TEXAS LITY SECRET ARY� APPROVED AS TO REGAL FORM T I$ DAY 9F JANUARY, 19621 CITY ATTZ)RNEY f AaRnk= FOR CONSTRUCTION, MAINTENANCE AM OPERATION OF STREET ILLUMINATION SYSTEK WITHIN MUNICIPALITY SPATE CF TEXAS 4 X A This agreement made this day of , 19 by and be- tveen the State of Texas, hereinafter referred. to ems the "Staten, party of the first port, and the City of Corpus Christi, Nuecea County, Texas, acting by and through its duly authorised officers under an ordinance passed the dap of 19 hereinafter called the "City", party of the second part. W I T N E S S 9 T H WKMEAB, the City has requested the State to contribute financial aid in the coaotraction, maintenance and operation of the street illmination system from Leopard Street to Morrie Street on the rotate of State Highway 286 (Relocated), and hereinafter referred to ae the n8treet Illumination Systma, &nd WHIJMI the State Highway magiaeer, acting for and in behalf of the State Righ- clay Commission, has made it knout to the City that the State v111 aaaist the City is the construction, maintenance and operation of said street LLluminatioa system, son_ ditioned that the City, as contemplated by Senate Bill 415, Acts 46th Legislature, Regular Session, will enter into an agreement with the State for the purpose of de- termining the responsibilitieo of the parties with reference theretoa AORIZMENT NOW THERUM, in ecansideration of the promisee and of the mutual covenants and agraeaents of the parties hereto to be by them reapeotively kept and performed as here- inafter set forth, it is agreed an follows.. 1. Pig t ect Authorl zatica It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter and the lave of the State of Texas has exclusive em- trol of and juriediotien over otree,te and public ways wlthin the incorporated limits Of such City, sad that thr City has requested and consented to the eonstruet3on, maln- tmm,'e and operation of the street illumination system, and the State in semis *ire -1- in tho construction, City. and aeint�anae anrg does ao at the special instance sad ragneast of the City. The section of highway and city State MghwV ZS6 (Relocated). The "Freewt:as coves by this agrame� is a port of wed to serve through traffic and are Y lanes are the inner estop, lanes de- I'M streets, Frreeao r ® abutting PtePe�¢�y and by sF ° atrsetas or adjacent , Dater and system to be constructed in��th the Frontage streets. The atr�t�e �t for ill�inatien of the Freeway rmes with the terms of this i@hall provide Fs'0°m7 trattic interchang including entrance and exit sent •hail Peovide State for Lhe construction Lea' The joint res ram affi other City system wlll , �tenance and opamtion of this rtreest the City �.,.19LU in accordance with the following prsvisimae. illumination 2•at�yetioa Resmno.ebe w 4 a+ w b�The Fate Will PrePars or provide for the plans and specifications, advertise for ,� let the oaeotruction contract, or otherwise Plans' As Perviso the mnstruatian, rsoonstruction or ben provide t furor the construction, and the pStatot7 developed t stop can struction stage, either asap said ogre the City's consent to construct the Yaffe Proposed work }� the City end Will sF awarding a cantraat. The cost of the prel aility according to such Plans Prior to theme coast PrsP iag Plana and �a� engineering Performad by the State's auction canLract ttill besbarns b mss' advertising for bids and letting of taein�g Performed by the State in supervising vi the construction the construction by the Plena band specifications will be shared the State and m amme by the City and one -belf Larne by the State. the City, With one�&lt It is agreed by both petrtias hereto that the street illumination des Pavemo0t surface, as teref tihev�iaatien of aPPraz mately C o inallbb eat the inn as a guide the earrmt stand&M ofethe 7 aeica ctteul be determined understood that the i7lminatioa intensity %llvaiaation &4in by milts_ of erst ensity io stated in °°roan Society. Et is ving at a nra1 +m+,,.� uad°rstaat this agra®sant for the purpose mutual the illuffination intensity may var8 an sectiondsnor ions tO base dealt, and that Yopnd desirable by subsequent engineering studies. Portions ct the of the as tmy and be azteat shall be evidenced by the approval of both of the ss!vtat e� Parties of the sera_ The State wtIn furnish and in,tail at its sole expanse neeassary osadudts located thr'svgh or underneath the which cannot be placed with D and " mndetits an or within structusos stnwtian. All other costs of Este after oampletion of the highway end streak com- a tioneora��tO andards, mastthe street i i tisatioa my" raft such as ad- ring, wi]l , reflaetor Waite, Of such Construction Will be borne Cm a °Oppa'ative basis, and be a� the im a Prior to such time as it is y and one -halt by the State. for the the desire of the City and the State to receive bids s �resa4etion of the strset lllmmiaati„a system covered by this agrees a ePnrate agaemestt w�Ll be end® to cover the financing of "ch specific Mejeet. 3. tennCe amd 0rreraiion 8esna�sibi i ities� The City hereby agrees at its expense to furnish the electric a "Per operation of the street illumination system, each electric enee� to be pro for then Points an the street 111ummination system a designated by the State The City fur agrees to maintain and operate the street illumination system in an efficient and Sightly condition. The State hereby agrees to ralmburee the City in the amount of 5% of the Cost of the electric energy used by the street illumination system and 50% of the cost of the work performed in madntainiug and operating the Street illumination orient and Sightly condition. system in an edfi- The City and State accept their rsspeativs responsibilities in the maintenance and operation of the street illumination system based upon the following undo Conditions which shall govern in dot understanding of And operation Costs and procedure: determining eleCtrioal energy Mt-, and maintenance (a) It being the Cityls desire that the local power agency Perform, all functions required for proper maintenance and operation of the street illumination sYatem, it is hereby "greed by both Parties berate that the City, SuN sat to the approval of the State, � execute a contract that with the local Pourer agency, such contract to fix energy rates and not forth the minlman rogairaents for maintenance sad operation of the strest illumination "on, and farther establish the basis for the cost of these cervices. A COPY Of this Contract as executed between the CCity �er agency, and as approved by the State, shall be agreement and grade a Part hereof in all a governing Contract with the and reps. la by subsequent ContraOts, such subsequent contract se hall be subject to these Prmvisions of this agroaat. (b) All equ rests by the City to the State for payments in asoaa ordas with the Staters agreed partici submitted pation obeli be properly Certified and submitted by the City to the District Ingineer of the State Highway Department at COMOSChriati, Texas. Such requests for payment shall be in accordance with forms prescribed by the State and shall be auh- ffitted at not late than monthly intervals. The City will asoasmo maintenance and operation on a date to Correspond with t date Construction of tfea street illumiaatitm he system is Carspleted and accepted by the State. If the illumination system is constructed by sections this provision shall apply to each such separrately Csnstracted section. This section of this agresmeat, Seetiom 3 headed 'Haunt auanoe and Operation Be-. s sibilities ", in respect to the Cityrs responsibility for the street illmnimtion syetea and the Staters roe maintaining and operation the cost thereof shall remain in force fora responsibility Ye for 50}� date a in tenance and OPeMUon rem Period of turf Years date that mein - aeCtion of the P�ibillties are first assumed by the City, after which this responsibilities. understood all other r�°aea= executed covering hi remain in fall force and effect. provisions of this agreement sbaLl -3- . • 7A 4. General It is understood that the states financial a participation in construction, mai.nten- fsCa and operation x112 not extend to and include the construction and maintenance of any Primary lines and incidental equipment necessary to connect the Freeway illumination Power stations. It is understood that the State shall participate in the maintenance and operation work only as long as the parties is the route of a State highway, and it is understood and agreed between the parties hereto that all obligations of the State and City understood creates herein shall terminate if and s the project is no longer the route of a State highway, The street illumination system shall be Jointly owned by the City and State with- Out the rightaOfio ther party to act independently of the other to sell, donate, or by my relinquish its prorata ownership interest, or any part thereof, to any third party. Unless established by subsequent agreement, approved by both parties, neither the City nor the State shall have the right to reoaove or relocate any part of viceable items as illumination system except as necessary to accomplish replacement of unser- equired in the normal, maintenance and upkeep of the illumination system. 5. Intent of Parties It is further understood and agreed between the parties hereto that the Stateos participation in the construction, maintenance and operation of the street 111tmrination system is for the sole purpose of providing the traveling public a more adequate travel facility and shall never be the basis of any claim for State ae ticipation in the payment, of any of the obligations of the City ed in or par - provement, past or present, of any street project. y incurred is tho im IN WITNESS WHEMF, the parties have hereunto affixed their signatures, the City of Corpus Christi on the day of 19 and the State Highway Department of the day of , 19 ATTEST: CITY OF CORPUS CHRISTI BY City Secretary City Manager APPROVED AS TO LEGAL FORM THIS DAY OF , 1963: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/ City Attorney or carrying out the orders, established policies, or work programs heretofore approved and authorised by the State Highway Commission: BY State Highway Engineer APPROVAL REY; BOMDED: Supervising Resident Engineer District Engineer Chief Engineer of Highmy Design 512 CORPUS CHRI3TI TEXAS // fDAY OF 19 6 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION-OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1', THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, YOR THE CITY OF OR N THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES BEN F. MCDONALD TON R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO ac f W. J. ROBERTS cAd JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTES BEN F. MCDONALD TON R. SWANTNER DR. JANES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JANES H. YOUNG aw